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LAWS OF STATES 



CEDING JURISDICTION OYER AND RELINQUISHING TITLE TO 



LIGHT-HOUSE SITES. 






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LIGHT-HOUSE ESTABLISHMENT, U. S. 



LAWS OF STATES 



JURISDICTION OVER AXD RELIXQIMIXG TITLE 



TO 



LIGHT-HOUSE SITES 



WASHINGTON: 

GOVERNMENT PRINTING OFFICE 
1871. ' : 

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,<v° 



V 






UY 31 1906 
0. ot 0, 



TABLE OF CONTEXTS. 



Maine 5 

Massachusetts 8 

Rhode Island 10 

North Carolina 12 

South Carolina 14 

Florida 15 

Alabama 17 

Mississippi 19 

Louisiana 20 

Texas 23 

Vermont 28 

Ohio 29 

Illinois .• 30 

Michigan 32 

"Wisconsin 40 

Minnesota '. 41 

California 42 

Oregon ! 45 



STATE GENERAL LAWS CEDING JURISDICTION OYER. AND RE- 
LINQUISHING TITLE TO, LIGHT-HOUSE SITES. 



EXTRACTS FROM THE LAWS OF THE STATE OF 3IAOE, 

IJH THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND THIRTY- 
FIVE. 

AX ACT authorizing the United State of America to take and hold 
lands within this State for the purpose of erecting light-houses 
thereon. 

Section 1. Be it enacted by the senate and house of represen- 
tatives in legislature assembled, That whenever the Congress 
of the United States shall have made, or shall hereafter make, 
an appropriation for building a light-house, or light-houses, in 
the State of Maine, and the agent of the United States and 
the owner or owners of any tract or tracts of land which 
shall be found necessary and convenient for the said light- 
houses cannot agree in a sale and purchase thereof, or 
whenever it is not known to the agent of the United States 
who is the owner of the land required, or whenever such 
land is owned by minors, or by several persons in common 
and undivided, in all such cases the agent of the United 
States may apply to the supreme court or the court of com- 
mon pleas, holden within the county where such land lies, 
who may and shall appoint a committee of three disinter- 
ested freeholders to determine a just equivalent to the 
owner or owners of such lands, which committee shall be 
sworn before some justice of the peace for th£ faithful dis- 
charge of their trust, and shall forthwith proceed to view, 
set off, and appraise such tract or tracts of land, and shall 
make return of their doings to the same court, and which 
award and return being accepted by the court, and the 
amount of such appraisement being paid to the owner or 



owners of the land appraised and set off' by such committee, 
or if the owner or owners shall not appear, or shall refuse to 
receive the same, to such person or corporation, for the 
use of the ow r ner or owners, as the same court shall order, 
the tract or tracts of land so appraised and set off shall be 
vested in the United States, and shall and may be taken, 
possessed, and appropriated for the purposes aforesaid: 
Provided , That all charges of such application and appraise- 
ment shall be paid by the United States : And provided, 
That the land which may be set off for the purposes of this 
act shall not exceed the quantity of ten acres, in the whole, 
for each light-house, including and reckoning therewith any 
land purchased for the same : Provided, That nothing here- 
in contained shall authorize the United States to take and 
hold the dwelling-house of any person without his or her 
consent: Provided, also. That the justices of said supreme 
judicial court and court of common pleas shall not proceed 
to appoint said committee until all persons known to be in- 
terested shall have been personally notified of the pendeucy 
of any such petition fourteen days at least before the action 
of said courts thereon. And whenever the person or persons 
interested in any such application are unknown to the said 
agent of the United States, public notice shall be given by 
causing an attested copy of said petition to be published 
in some public newspaper, printed in the county where the 
land which the United States wish to possess and occupy as 
aforesaid may be situated, if any there be, otherwise in the 
State paper, three weeks successively, the last publication 
to be at least thirty days prior to the sitting of said court ; 
and if any person or persons interested as aforesaid shall 
appear and object to the appointment of such committee, 
and insist upon having his or their damages assessed and 
appraised by a jury, then the said courts shall cause a jury 
to be summoned for that purpose, agreeably to the provis- 
ions of the first section of an act entitled " An act directing 
the method of laying out and making provision for the re- 
pair and amendment of highways," passed March the second, 



in the year of our Lord one thousand eight hundred aud 
twenty-one. And any committee so appointed, and any 
iury so summoned, shall give reasonable notice to all per- 
sons known to be interested of the time when they will view 
and examine the premises described in any such application, 
for the purpose of estimating and appraising the value 
thereof and giving them an opportunity to be heard in re- 
lation to the damages they may sustain by reason of the 
same premises being taken and appropriated to the use 
aforesaid. 

Sec. 2. Be it further enacted, That this act shall take ef- 
fect from and after the passing of the same. 

[This act passed January 29, 1835.] 



REVISED STATUTES OF MAINE. 

Chapter II. 

Sovereignty of the State. — Lands ceded to the United States.— 
Coast Survey. — Seat of Government. 

Section 1. The jurisdiction and sovereignty of the State 
extend to all places within the boundaries thereof, subject 
only to such rights of concurrent jurisdiction as are granted 
over any places ceded by the State to the United States. 

Sec. 2. Civil, criminal, and military processes, lawfully 
issued by an officer of the State, may be executed in places 
ceded to the United States, over which a concurrent juris- 
diction has been reserved for such purposes. 

Sec. 3. The governor, with consent of the council, may, 
reserving such jurisdiction, cede to the United States for 
purposes named in its Constitution any territory not exceed- 
ing ten acres, and not including any public or private burying- 
ground, dwelling-house, or meeting-house, without consent 
of the owner, or any highway. 

Sec. 4. If compensation for such land is not agreed upon, 
the estate may be taken for the intended purpose by pay- 
ment of a fair compensation, to be ascertained and deter- 



mined in the] same manner and by proceedings similar to 
those provided for ascertaining the damages in locating high- 
ways in chapter eighteen. 

(In the index this act is referred to as "Cession of lands 
to the United States for light-houses, forts, and arsenals, and 
compensation therefor.' 7 ) 



EXTRACTS FROM THE LAWS OF THE STATE OF MASSACHUSETTS. 
COMMONWEALTH OF MASSACHUSETTS. 

IN THE YEAR ONE THOUSAND EIGHT HUNDRED AND SEVENTY-ONE. 

AX ACT to provide for the acquisition of title by the United States of 
lands for light-house jmrposes, and to cede jurisdiction thereof. 

Be it enacted by the senate and house of representatives in 
general court assembled, and by the authority of the same, as 
follows : 

Section 1. Jurisdiction is hereby ceded to the United 
States over any tracts of land within this commonwealth 
necessary for the purpose of erecting light-houses, beacon- 
lights, range-lights, or light-keepers' dwellings, when the 
United States shall have acquired title thereto ; and if the 
agent or agents of the United States and the person or per- 
sons owning or interested in any such tract cannot agree upon 
the purchase or the price to be paid for their interest therein, 
the said agent or agents may apply by petition to the supe- 
rior court for the county in which the tract lies, describing- 
said tract and praying to have a valuation thereof made 
by a jury ; and the court, after' due notice to the owner or 
owners of such tract and to all parties interested therein, 
to be given in such manner as the court may order, is hereby 
empowered and required to hear the parties and finally 
determine the value of said tract, by a jury; and if any 
person or persons other than the owner or owners of such 
tract shall appear and claim any interest in said estate, 
the value thereof to the owner of the fee and to all persons 



interested in said estate shall be ascertained and appor- 
tioned in the same manner as is provided for the assess- 
ment of damages in section fifty -five of chapter forty-three 
of the general statutes; and the value aforesaid having 
been ascertained by the verdict of said jury, and said ver- 
dict accepted and recorded by said court, and the amount 
thereof paid or tendered within one month after final judg- 
ment to said owner or owners or persons interested, together 
with their reasonable costs and expenses, to be taxed by 
said court, or in case of their neglect or refusal to receive 
the same, the amount of said .verdict, costs, and expenses 
having been paid into the treasury of this commonwealth 
for their use and subject to their order, the fee of said tract 
shall be vested in the United States: Provided, always, 
That this commonwealth shall retain concurrent jurisdiction 
with the United States iu and over the premises aforesaid, 
so far as that all civil and criminal processes issuing 
under the authority of this commonwealth may be executed 
on the premises so purchased, and in any buildings erected 
or to be erected thereon, in the same way and manner as if 
this act had not been passed; and exclusive jurisdiction 
shall revert to and revest in this Commonwealth whenever 
the said premises shall cease to be used for the purposes 
hereinbefore declared : And provided, also, That a suitable 
plan of each tract purchased as aforesaid shall be filed in 
the office of the secretary of the commonwealth within one 
year after the title shall be acquired. 

Sec. 2. The trial by jury provided in the first section of 
this act may be waived, in writing, by the parties or their 
counsel, filed with the clerk at any time before, trial, and all 
matters shall be heard and determined by the court, and 
judgment entered as in case of a verdict by a jury. 

Sec. 3. This act shall take effect upon its passage. 

May 4, 1871. Approved. 

WILLIAM CLAPLIX. 



IO 



EXTRACTS EEOM THE LAWS OF TEE STATE OF RHODE ISLAND. 

Chapter 938. 

AN ACT to provide for the relinquishment to the United States, in cer- 
tain cases, of title to .lands for sites of light-stations on the coasts and 
■waters of this State. 

It is enacted hy the general assembly as follows : 
Section 1. That whenever it shall be made to appear to 
the superior court of this State or to any judge thereof, 
upon the application of any authorized agent of the United 
States, that the said United States are desirous of pur- 
chasing any tract of land, and the right of way thereto, 
with in the limits of this State, for the erection of a light- 
house, beacon-light, range-light, or light-keeper's dwelling, 
and that the owner or owners of said land are unknown, 
non-residents, or minors, or from any other cause are inca- 
pable of making a perfect title to said lands, or in case the 
said owners, being residents and capable of conveying, 
shall, from disagreement in price, or any other cause what- 
ever, refuse to convey said lands to the United States, it 
shall be the duty of the said court, or any judge thereof, to 
order notice of the said application to be published in some 
newspaper nearest to where said lands lie, also in one news- 
paper published in the cities of Providence and Newport, 
once in each week for the space of four months, which no- 
tice shall contain an accurate description of the said lands, 
together with the names of the owners, or supposed owners, 
and shall require all persons interested in said lands to come 
forward, on a day to be specified in said notice, and file their 
objections, if any they should have, to the proposed purchase; 
and at the time specified in said notice, it shall be the duty of 
the said court, or judge thereof, to impanel a jury, in the man- 
ner now provided by law, to assess the value of said lands at 
their fair market value, and all damages sustained by the 
owner of the lands so appropriated by reason of such appro- 
priation, which amount, when so assessed, together with 
the entire costs of said proceedings, shall be paid into the 



1 1 

general treasury of the State: and thereupon the sheriff of 
the said county, upon the production of the certificate of 
the general treasurer that the said amount has been paid, 
shall execute to the United States and deliver to their 
authorized agent a deed of the said lands, reciting the pro- 
ceedings in said cause, which said deed shall convey to the 
said United States a good and absolute title to the said 
lands agaiDst all persons whatsoever. 

Sec. 2. That the money so paid into the general treasury 
shall there remain until ordered to be paid out by said court 
or either judge thereof. 

Sec. 3. In all cases of publication of notice under this 
act. the court shall require the same proof as in cases of 
publication of notice under the civil practice act of the State. 

Passed March 21, 1871. 



Chapter 939. 

AX ACT giving the consent of the State of Ehode Island to the purchase 
by the United States of land within this State for public purposes 

It is enacted by tlte general assembly as follows : 
Section 1. That the consent of the State of Ehode Island 
be, and the same is hereby, given to the purchase by the 
Government of the United States, or under the authority 
of the same, of any tract, piece, or parcel of land, from any 
individual or individuals, bodies politic or corporate, with- 
in the boundaries or limits of the State, for the purpose of 
erecting therein light-houses, beacon-lights, range-lights, 
and light-keepers* dwellings and other needful public build- 
ings connected therewith ; and all deeds, conveyances of 
title papers for the same, shall be recorded, as in other cases. 
upon the land records of the town in which the land so con- 
veyed may lie ; and in like manner may be recorded a suffi- 
cient description, by metes and bounds, courses and dis- 
tances, of any tract or tracts, legal divisions, of any public 
land belonging to the United States, which may be set apart 
by the General Government for any or either of the purposes 



12 

before mentioned, by an order, patent, or other official docu- 
ment or papers so describing such land. The consent herein 
and hereby given being in accordance with the seventeenth 
clause of the eighth section of the, first article of the Con- 
stitution of the United States and with the acts of Congress 
in such cases made and provided. 

Sec. 2. The lots, parcels, or tracts of land so selected, 
together with the tenements and appurtenances for the pur- 
poses before mentioned, shall be held exempt from taxation 
by the State of Ehode Island. 

Sec. 3. All civil and criminal process issued under the 
authority of this State or any officer thereof may be exe- 
cuted on said lands and in the buildings that may be erected 
thereon in the same manner as if jurisdiction had not 'been 
ceded as aforesaid. 

Passed March 24, 1871. 



EXTRACTS FKOli TEE LAWS OF THE STATE OF NORTH CAROLINA. 

AN ACT to authorize and empower the Government of the United 
States to purchase and hold lands in North Carolina for the purpose 
of erecting light-houses thereon. 

Section 1. The general assembly of North Carolina do 
enact, That it shall be lawful for the Government of the 
United States, or any person under the authority of the 
same, to purchase any tract, piece, or parcel of land from 
any individual or individuals, bodies politic or corporate, 
within the boundaries or limits of this State, and hold the 
same for the purpose of erecting thereon light-houses; that 
no one tract, piece, or parcel shall contain more than twenty 
acres. 

Sec. 2. That all deeds, conveyances, or other title papers 
for the same shall be recorded as in other cases in the office 
of the register of deeds in which the land so conveyed may 
lie, in the same manner and under the same regulations as 
other deeds and conveyances are now recorded, and in like 
manner may be recorded a sufficient description by metes 



13 

and bounds, courses and distances, of any tract or tracts or 
legal division of any public land belonging to the United 
States which may be set apart by the General Government 
for the purpose before mentioned, by an order patent or 
other official document or papers so describing such land. 

Sec. 3. That the lots, parcels, or tracts of land so selected, 
together with the tenements and appurtenances for the pur- 
pose before mentioned, shall be exempt from taxation by the 
State of Xorth Carolina. 

Sec. 4. That nothing herein contained shall be so con- 
strued as to debar or hinder any of the officers of this State 
from executing any process or levying any execution within 
the limits of any tract or parcel of land so held and pur- 
chased by the Government of the United States in the same 
manner as if this act had never been passed. 

Sec. 5. That the consent herein and hereby given is in 
accordance with the seventeenth clause of the eighth section 
of the first article of the Constitution of the United States 
and with the acts of Congress in such cases made and pro- 
vided, and in consideration of the United States building 
light-houses on the tracts or parcels of land so purchased, 
or that may be purchased: And provided also, That the 
title to said land so conveyed to the United States shall 
escheat to the State unless the construction of a light-house 
be completed thereon within ten years from the date of the 
conveyance from said grantor. 

Sec. 6. That this act shall be in force from and after its 
ratification. 

In general assembly read three times and ratified, this 
25th day of January, A. D. 1871. 



14 

EXTRACTS FROM THE LAWS OF TSE STATE OF SOUTH CAROLINA. 

AN" ACT ceding the jurisdiction of the State of South Carolina to the 
United States of America over such lands as may be acquired for pub- 
lic purposes by the said United States of America. 

Section 1. Be it enacted by the senate and house of repre- 
sentatives of the State of South Carolina now met and sitting 
in general assembly, and by tlie authority of the same, That 
the jurisdiction of the State of South Carolina is hereby 
ceded to the United States of America over so much land 
as shall he necessary for the public purposes of the United 
States: Provided, That the jurisdiction hereby ceded shallnot 
vest until the United States of America shall have acquired 
the title to the lands by grant or deed from the owner or 
owners thereof, and the evidences thereof shall have been 
recorded in the office, where, by law, the title to such land 
is recorded ; and the United States of America are to retain 
such jurisdiction so long as such lands shall be used for the 
purposes in this act mentioned, and no longer j and such 
jurisdiction is granted upon the express condition that the 
State of South Carolina shall retain a concurrent jurisdic- 
tion with the United States in and over the said lands, so 
far as that civil process in all cases not affecting the real or 
personal property of the United States, and such criminal 
or other process as shall issue under the authority of the 
State of South Carolina against any person or persons 
charged with crimes or misdemeanors committed within or 
without the limits of the said lands, may be executed therein 
in the same way and manner as if no jurisdiction had been 
hereby ceded. 

Sec. 2. That all the lands and tenements which may be 
granted as aforesaid to the United States shall be and con- 
tinue, so long as the same shall be used for the purposes in 
this act mentioned, exonerated and discharged from all 
taxes, assessments, and other charges which may be im- 
posed under the authority of the State of South Carolina. 

Approved February 11, 1871. 



15 



EXTRACTS FROM THE LAWS OF THE STATE OF FLORIDA. 

AN ACT to provide for the relinquishment to the United States, in cer- 
tain cases, title to and jurisdiction over lands for sites of light-houses, 
and for other purposes, on the coast and waters of this State. 

Whereas the Congress of the United States has made 
appropriations for the construction of certain light-houses 
not yet built, on the coast and waters of this State, and the 
wants of commerce may hereafter call for the construction 
of others; and whereas the laws of the United States 
require that the said United States shall hold exclusive 
title to and jurisdiction over all lands to be occupied as sites 
of public works before any such work can be begun : There- 
fore, 

Section 1. Be it enacted by the senate and house of repre- 
sentatives of the State of Florida in general assembly con- 
vened, That whenever a tract of land, containing not more 
than four acres, shall be selected by an authorized officer or 
agent of the United States for the bona fide purpose of 
erecting thereon a light-house, beacon, marine hospital, or 
other public work, and the title to the said land shall be held 
by the State, then, on application by the said officer or 
agent to the governor of this State, the said executive is 
hereby authorized to transfer to the United States the title 
to and jurisdiction over said land ; but if th* title to the 
land wanted shall not be held by the State, then, on 
application of the United States through their officer or 
agent, after acquiring title thereto, the said executive is 
hereby authorized to transfer to the United States exclusive 
jurisdiction over the same : Provided, always. That the said 
transfer of title and jurisdiction is to be granted and made 
as aforesaid upon the express condition that this State shall 
retain a concurrent jurisdiction with the United States in 
and over the land or lands so to be transferred, and every 
portion thereof, so far that all process, civil or criminal, 
issuing under authority of this State, or any of the courts 
or judicial officers thereof, may be executed by the proper 



i6 

officer thereof, npon any person or persons amenable to the 
same, within the limits and extent of the land or lands so 
ceded, in like manner and to like effect as if this act had 
never been passed, saving, however, to the United States 
security to their property within said limits or extent. 

Sec. 2. Be it further enacted, That the said lands shall 
hereafter remain the property of the United States, and be 
exempt from taxation as long as they shall be needed for 
snch purposes. 

Sec. 3. Be it further enacted. That this act shall take 
effect from and after its passage. 

Approved January 6, 1855. 



AN ACT supplementary to an act entitled an act to provide for the 
relinquishment to the United States, in certain cases, of title to and 
jurisdiction over lands for sites of light-houses, and for other purposes, 
on the coast and waters of this State. 

Section 1. Be it enacted by the senate and house oj repre- 
sentatives of the State of Florida in general assembly convened, 
That whenever it shall be made to appear to either of the 
circuit courts of this State, upon the application of any 
authorized agent of the United States, that the said United 
States are desirous of purchasing any tract of laud within 
the limits of this State for the erection of a light-house, 
beacon-lighfy or range-lights, and that the owners of said 
lands are unknown, non-residents, or minors, or from any 
other cause are unable to make a perfect title to said lands, 
it shall and may be lawful for the judge of the circuit court 
in which the lands so designated to be purchased shall be 
situated, to order a notice of the said application to be 
published in some newspaper nearest to where the said 
lands lie for the space of three months, which notice shall 
contain an accurate description of the i said lands, together 
with the names of the supposed owners, and shall require 
all persons interested in the said lands to come forward and 
file their objections, if any they should have, to the pro- 
posed purchase $ and at the expiration of the period provided 



in the said notice it shall and may be lawful for the said 
circuit court to impannel a jury, in the manner now provided 
by law, to assess the value of said lands, which amount, 
when so assessed, together with the entire cost of said pro- 
ceedings, shall be paid into the registry of the court ; and 
thereupon the sheriff of the said court shall execute to the 
United States a deed of the said lands, reciting the proceed, 
ings in the said cause, .which said deed shall convey to the 
said United States a good and absolute title to the said lands 
against all persons whatever. 

Sec. 2. Be it further enacted, That the money so paid into 
the registry of said court shall there remain until paid out by 
the order of said court to such person or persons as may, by 
sufficient evidence, entitle themselves to receive the whole 
or any part thereof. 

Approved December 23, 1856. 



EXTRACTS FROM THE LAWS OF THE STATE OF ALABAMA. 

REVISED CODE OF ALABAMA. 

Part I, Title 2, (Chap. I, Art. 3, pp. 97 and 98.) 

Sec. 22. The United States may acquire lands. 

The United States may acquire and hold lands within the 
limits of this State, as sites for forts, magazines, arsenals, 
dock-yards,* and other needful buildings, or either of them, 
as contemplated and provided by the Constitution of the 
United States, which purchase may be by contract with the 
owners or as hereinafter provided for. 

Sec. 23. Value of the land, how determined. 

If the agent of the United States and the owner of such 
lands cannot agree as to the sale and purchase thereof, the 
chancery court of the district in which such lands lie may, 
on the application of such agent, ascertain the value of such 
lands, and decree a conveyance thereof as follows : 

1. Eeasonable notice of such application must be given to 
the owners of such lands by personal service. 
2 A 



2. Tbe value of such land must be ascertained by a jury 
summoned for that purpose under the direction of the chan- 
cellor, or by any three persons agreed on by the parties, 
which jury or persons must be first sworn faithfully and 
impartially to determine such value. 

3. Upon ascertaining the value of such lands, upon 
evidence or inspection of the same, by such persons ap- 
pointed, or by the j ury under the direction of the chancellor, 
he must, on the payment of such value to the owner, or 
into court for his use, and the payment of all costs and 
expenses of the proceedings, direct a conveyance of such 
lands, by a certain time specified in such decree, to the United 
States, for such purposes, and on failure to execute such 
conveyance within the time specified in such decree, the 
decree operates as a conveyance. 

Sec. 24. The governor to cede jurisdiction. Restrictions. 

The governor, upon application made to him in writing 
on behalf of the United States for that purpose, accompa- 
nied by the proper evidence of the purchase, describing the 
lands sought to be ceded, is authorized on the part of the 
State to cede to the United States jurisdiction over such 
lands, to hold, use, and occupy the same for the purposes 
of the cession, and none other. The jurisdiction thus ceded 
does not prevent the execution on such lands of any process, 
civil or criminal, under the authority of this State, nor pre- 
vent the laws of this State from operating over such land ; 
saving to the United States security to their property within 
the limits of the jurisdiction ceded, and exemption of the 
same, and of such lands, from taxation under the authority 
of this State during the jurisdiction ceded. 



. ] 9 

EXTRACTS FROM THE LAWS OF THE STATE OF MISSISSIPPI, 

AX ACT providing for cession to the United States, in certain cases, of 
Title and jurisdiction over lands for light-house and other purposes. 

Whereas the Congress of the United States has appro- 
priated funds for the construction of a light-house on St. 
Joseph's Island, and for a beacon on the east end of Horn 
Island, Mississippi, and the wants of commerce may here- 
after require the construction of other aids to navigation ; 
and whereas the laws of the United States require that the 
said United States shall hold exclusive title and jurisdiction 
over all sites of public works before such works can be 
begun: Therefore, 

Section 1. Be it enacted by the legislature of the State of 
Mississippi, That title and jurisdiction over the small island 
called St. Joseph's Island, near the east end of the Kigolets, 
be hereby ceded to the United States for the purpose of 
erecting and maintaining thereon a light-house ; and that 
the east point of Horn Island, Mississippi, comprising all 
that portion east of the meridian drawn at three hundred 
yards westerly from the east end of the island, be trans- 
ferred to the United States in like manner and for similar 
purposes. 

Sec. 2. Be it further enacted, That whenever hereafter 
land belonging to the State, not exceeding in area twenty 
acres, shall be wanted by the United States for the purpose 
of locating thereon aids to navigation, or other public works, 
then on application of an authorized agent of the General 
Government therefor, the governor of this State is hereby 
authorized to convey to the United States the title to, and 
jurisdiction over, the said land ; but if the title to the land 
wanted shall not be held by the State, then, on application 
of the United States after acquiring. title thereto, the exec- 
utive of this State is hereby authorized to cede to the said 
United States exclusive jurisdiction over the same: Pro- 
vided, That this section shall apply only to'land immediately 
upon the Gulf of Mexico, and only for works for the protec- 
tion and improvement of navigation. 



20 

« 

, Sec. 3. Beit further enacted. That all the lands mentioned 
in this act, after cession, shall remain the property of the 
United States and be exempt from taxation so long as they 
may be wanted by the General Government for the said 
purposes. 
Approved January 30, 1856. 



EXTRACTS FROM THE LAWS OF THE STATE OF LOUISIANA. 

AN ACT giving the consent of the legislature of the State of Louisiana 
to the purchase by the United States of land within this State for 
public purposes. 

Section 1. Be it enacted oy the senate and house of repre- 
sentatives of the State of Louisiana in general assembly con- 
vened, That the consent of the general assembly of the State 
of Louisiana be, and the same is hereby, given to the pur- 
chase by the Government of the United States, or under the 
authority of the same, of any tract, piece, or parcel of land, 
from any individual or individuals, bodies politic or cor- 
porate, within the boundaries or limits of the State, for the 
purpose of erecting thereon light-houses and other needful 
public buildings whatever, and all deeds, conveyances of 
title-papers for the same, shall be recorded, as in other cases, 
upon the land records of the county in which the land so 
conveyed may lie ; and in like manner may be recorded a 
sufficient description, by metes and bounds, courses and dis- 
tances, of any tract or tracts, legal divisions, of any public 
land belonging to the United States which may be set 
apart by the General Government for any or either of the 
purposes before mentioned, by an order, patent, or other 
official document or papers so describing such lands. The 
consent herein and hereby given being in accordance with 
the seventeenth clause of the eighth section of the first arti- 
cle of the Constitution of the United States, and with the 
acts of Congress in such cases made and provided. 

Sec. 2. Be it further enacted, &c. The lots, parcels, or 



2 I 

tracts of land so selected, together with tenements and ap- 
purtenances for the purposes before mentioned, shall be 
held exempt from taxation by the State of Louisiana. 
Approved February 25, 1871. 



AX ACT to provide for the relinquishment to the United States, in cer- 
tain cases, of title to lands for sites of light-stations on the coast and 
waters of this State. 

Section I. Be it enacted by the senate and house of repre- 
sentatives of the State of Louisiana in general assembly con- 
vened, That whenever it shall be made to appear to any 
one of the district courts of the State, upon the application 
of any authorized agent of the United States, that the said 
United States are desirous of purchasing any tract of land, 
and the right of way thereto, within the limits of this State, 
for the erection of a light-house, beacon-light, range-light, 
or light-keeper's dwelling, and that the owner or owners of 
said land are unknown, non-residents, or minors, or from any 
other cause are incapable of making a perfect title to said 
lands ; or in case the said owners, being residents and capa- 
ble of conveying, shall, from disagreement in price, or any 
other cause whatever, refuse to convey said lands to the 
United States, it shall be the duty of the said judge of the 
district court in which the lands so designated to be pur- 
chased are situated, to order notice of said application to 
be published in some newspaper nearest to where said lands 
lie, also one newspaper published in the city of New Or- 
leans, once in each week, for a space of four months ; which 
notice shall contain an accurate description of said lands, 
together with the name of the owners, or supposed owners, 
and shall require all persons interested in the said lands to 
come forward, on a day to be specified in said notice, and 
file their objections, if any they should have, to the pro- 
posed purchase ; and at the time specified in said notice i£ 
shall be the duty of the said district court to impanel a 
jury in the manner now provided by law, to assess the 



22 

value of said lands at their fair market value, and all dam- 
ages sustained by the owner of the lands so appropriated by 
reason of said appropriation, which amount, when so assess- 
ed, together with the entire costs of said proceedings, shall 
be paid into the parish treasury of said parish in which said 
proceedings are had ; and thereupon the sheriff of the said 
parish, upon the production of the certificate of the treas- 
urer of said parish that the said amount has been paid, 
shall execute to the United States, and deliver to their au- 
thorized agent, a deed of the said lands, reciting the pro- 
ceedings in said cause ; which said deed shall convey to the 
said United States a good and absolute title to the said 
lands against all persons whatsoever. 

Sec. II. Be it further enacted, *&c. That the money so paid 
into the parish treasury shall there remain until ordered to 
Jbe paid out by a court of competent jurisdiction. 

Sec. III. Be it further enacted, dbe. It shall be the duty 
of the judge directing the money to be paid to a parish 
treasurer, in accordance with the proceedings of this act, 
to require of said treasurer a bond in double the amount of 
money ordered to be paid by him, with two or more suffi- 
cient sureties, to be approved by said judge. Said bonds 
shall be payable to the people of the State of Louisiana, 
for the use and benefit of such persons, severally, as are 
entitled to said money ; saM bonds shall be executed, and 
approved, and filed with the clerk of said court before 
receiving said money. 

Sec. IV. Be it further enacted, &c. In' all cases of publi- 
cation of notices under this act, the court shall require the 
same x>roof as in cases of publication of notice under the 
civil practice act of this State. 

Approved February 25, 1871. 



EXTRACTS FKOM THE LAWS OF THE STATE OF TEXAS. 

AN ACT for cediuj; to tlie United States jurisdiction of certain lands in 
this State for public purposes. 

Section 1. Be it enacted by the legislature of tlie State of 
Texas, That the United States be, and they are hereby, au- 
thorized and empowered to purchase, acquire, hold, own, 
occupy, and possess such land or lands within the limits of 
this State as they shall judge it expedient, and shall seek 
to occupy and hold as sites on which to erect and maintain 
light-houses, forts, garrisons, military stations, magazines, 
arsenals, dock-yards, and other needful buildiugs, or any of 
them, as contemplated and provided in the Constitution of 
the United States ; said purchases to be effected either by 
contract with the owner or owners of said land or lauds, or 
in the manner hereinafter provided. 

Sec. 2. Be it further enacted, That if the executive officer, 
or other authorized agent, employed by the United States 
to make such purchase or purchases, and the owner or own- 
ers of the land or lands contemplated to be purchased as 
aforesaid, cannot contract or agree for the sale and purchase 
thereof, it shall be lawful for such officer or other agent to 
apply in writing to the judge of the district court of the 
county in which such land or lands, or the greater portion 
thereof, may be situated, to estimate the value of such land 
or lands in the manner hereinafter, and to order a convey- 
ance of the same to the United States, for the purposes 
aforesaid : Whereupon it shall be the duty of said judge, 
and he is hereby authorized and empowered, after reason* 
able notice given to said owner or owners, their legal repre- 
sentatives or guardians, to hear and finally determine the 
value of the land or lands in question, by a competent jury 
under oath, to be summoned by the sheriff or other proper 
officer of said court for that purpose, or by a committee of 
three persons, such as shall be agreed upon and appointed 
by the parties aforesaid. Such committee, if agreed on and 
appointed as aforesaid, to be duly sworn faithfully and im- 



24 

partially to value the land or lands last aforesaid, and the 
value thereof being thus ascertained to the satisfaction of 
said judge, after survey thereof duly made under the direc- 
tion of himself, or by consent of said parties, and after such 
other proceedings -in the premises as he shall deem right 
and proper, he shall order and decree the same to be con- 
veyed in due form to the United States, to be held, owned, 
and possessed by them for the purposes aforesaid and none 
other: Provided, That the amount of such valuation 4 , with 
the reasonable costs of such owner or owners attending such 
proceedings, shall be paid to him, her, or them, or into said 
court for his, her, or their use, before execution or record of 
said conveyance: And provided, moreover, That if it shall 
appear to said judge, upon objections made by said owner, 
or owners, their representatives or guardians, that the quan- 
tity of any given tract, parcel, or extent of land sought to 
be purchased as aforesaid, is greater than is reasonable, he 
may, in his discretion, refer the matter of such objection to 
the governor of this State for his determination. 

Sec. 3. Be it further enacted, That if the executive officer, 
or other authorized agent employed by the United States to 
make such purchase as contemplated in this act, shall be 
unable to ascertain who the real owner or owners of such 
lands desired to be purchased may "be, or if it is uncertain 
in whom the title to such land may be, it shall be lawful for 
such officer or other agent to apply to the judge of the dis- 
trict court, as contemplated in this act, giving a full descrip- 
tion of the land ; and after eight weeks' notice of such appli- 
cation shall have been given by publication in some news- 
paper printed and published in the county where the land 
is situated, or, in case there is not a newspaper published in 
the county, then in the newspaper published nearest to said 
county, such judge shall call a jury to assess the value of 
said land, and shall proceed thereon as contemplated in the 
second section of this act ; and the amount of the value of 
land so ascertained shall be paid into the treasury of this 
State, there to be subject to the order of the owner or own- 



25 

ers when known ; and the clerk of the court shall make a 
conveyance of the laud under the orders of the court, which 
conveyance shall be as valid and binding as if the same had 
been made by the real owner of the land. 

Sec. 4. Be it further enacted, That whenever the United 
States shall contract for, purchase, or acquire any land or 
lands withiu the limits of this State for the purposes afore- 
said, in either of the modes above mentioned and provided, 
and shall desire to acquire constitutional jurisdiction over 
such land or lands for such purposes, it shall and may be 
lawful for the governor of this State, upon application made 
to him in writing on behalf of the United States for that 
purpose, accompanied by the proper evidence of said pur- 
chase, contract, or acquisition of record describing the land or 
lands sought to be ceded, by convenient metes and bounds, 
in the name and on behalf of this State, to cede to the 
United States exclusive jurisdiction over the land or lands 
so purchased or acquired, and sought to be ceded, the 
United States to hold, use, occupy, own, possess and exer- 
cise said jurisdiction over for the purposes aforesaid : Pro- 
vided, always, The consent aforesaid is hereby given, and 
the cession aforesaid is to be granted and made as aforesaid, 
upon the express condition that this State shall retain a 
concurrent jurisdiction with the United States in and over 
the land or lands so to be ceded, and every portion thereof, 
so far that all process, civil or criminal, issuing under the 
authority of this State, or any of the courts or judicial 
officers thereof, ms.j be executed by the proper officers 
thereof upon any person or persons amenable to the same 
within the limits and extents of the land or lands so ceded, 
in like manner and to like effect as if this act had never 
been passed ; saving, however, to the United States security 
to their -properties, within said limits and extent, an exemp- 
tion of the same and of said land or lauds from any taxa- 
tion under the authority of this State whilst the same shall 
continue to be owned, held, used and occupied by the 



26 

United States for the purposes above expressed and in- 
tended, and not otherwise. 

Sec. 5. Be it further enacted. That this act be in force and 
take effect from and after its passage. 

Approved December 19, 1840. 



AN ACT supplemental to an act for ceding to the United States jurisdic- 
tion of certain lauds in this State for public purposes, approved 
December 19, 1649. 

Section 1. Be it 'enacted by the legislature of the State of 
Texas , That in all cases where the State of Texas may be 
the owner of the land which the United States may select, 
and wish to acquire and occupy for any of the purposes spe- 
cified in the first section of the act to which this is supple- 
mental, it shall be lawful for the governor of this State to 
contract and agree for the sale thereof, and upon the pay- 
ment thereof by the United States of the purchase money 
into the treasury of this State, it shall be the duty of the 
Commissioner of the General Land Office, upon the order of 
the governor, to issue a patent to the United States in like 
manner as other patents are issued. 

Sec. 2. That whenever the United States shall become the 
purchaser of any laud in the manner pointed out in the pre- 
ceding section, and shall desire to acquire constitutional ju- 
risdiction over the same for any of the purposes specified in 
the first section of the said act to which this is supple- 
mental, it shall be lawful for the governor of this State to 
cede said jurisdiction to the United States in the same man- 
ner and under the same restrictions as by the fourth section 
of said act he is authorized to make such cession on lands 
acquired by the United States in the manner therein 
authorized. 

Sec. 3. This act shall take effect from and after its 
passage. 

Approved February 13, 1854. 



27 

AX ACT giving the consent of the legislature of the State of Texas to 
the purchase by the United States of land within this State for public 
purposes. 

Section 1. Be it enacted by the legislature of the State of 
Texas, That the consent of the legislature of the State of 
Texas he, and the same is hereby, given to the purchase by 
the Government of the United States, or under the authority 
of the same, of any tract, piece, or parcel of land, from any 
individual or individuals, bodies politic or corporate, within 
the boundaries or limits of the State, for the purpose of 
erecting thereon light-houses and other needful public brand- 
ings whatever j and all deeds, conveyances of title papers 
for the same, shall be recorded, as in other cases, upon the 
land records of the county in which the land so conveyed 
may lie ; and in like manner may be recorded a sufficient 
description, by metes and bounds, courses and distances, of 
any tract or tracts, legal divisions of any public land belong- 
ing to the Unitecl States, which may be set apart by the 
General Government for any or either of the purposes before 
mentioned, by an order, patent, or other official document or 
papers so describing such land. The consent herein and 
hereby given being in accordance with the seventeenth 
clause of the eighth section of the first article of the Con- 
stitution of the United States, and with the acts of Congress 
in such cases made and provided. 

Sec. 2. The lots, parcels, or tracts of land so selected, to- 
gether with the tenements and appurtenances for the pur- 
poses before meDtioned, shall be held exempt from taxation 
by the State of Texas. 

Sec. 3. That this act take effect and be in force from and 
after its passage. 

Approved April 4, 1871. 



28 



EXTRACTS FROM THE LAWS OF THE STATE OF VERMONT. 

AN ACT in relation to light-houses, lights, and buoys to he erected by 
the United States in the waters on the shores of Lake Champlain 
•within this State. 

It is hereby enacted by the general assembly of the State of 
Vermont, as follows : 

Section 1. The exclusive jurisdiction over so much land 
adjoining to, or covered by, the waters of Lake Champlain, 
within this State, as may be reasonably required by the 
United States for the erection, support, and accommodation 
of light-houses, lights, and buoys, not exceeding five acres 
in any one piece or place, be, and is hereby, ceded to the 
United States of America: Provided, Said United States 
shall procure the right and title thereto in either of the 
modes hereinafter prescribed. • 

Sec. 2. So much laud as may be reasonably necessary for 
either of the purposes aforesaid, not exceecliug two acres in 
any one piece or place, which is now owned by this State, is 
hereby ceded to the United States of America for the pur- 
poses aforesaid : Provided, Said United States shall erect 
and keep up light-houses, lights or buoys thereon, for the 
improvement of the navigation of the waters of Lake 
Champlain. But if said United States shall at any time 
during the seasons of navigation omit to keep up and sus- 
tain a light-house, light, or buoy on any piece of land hereby 
ceded, for a period of six months after the same shall have 
been erected, then such piece of land on which such omis- 
sion shall occur shall thereby revert to this State. 

Sec. 3. Said United States may, for either of the purposes 
specified in the first section of this act, purchase of the 
owner or proprietor any parcel or parcels of land deemed 
necessary and suitable therefor, and in case said United 
States cannot purchase any piece or parcel of land selected 
for the erection of lights or light-houses, as herein before 
provided, or shall be unable to agree with the owner or 
proprietor thereof as to the price to be paid therefor, said 



2 9 

United States may apply to any two of the judges of the 
supreme court of this State, who shall appoint three disin- 
terested commissioners to appraise and determine the price 
which said United States shall pay for such piece or parcel 
of land, and. make report thereof to the supreme court then 
next to be holden in the county in which such parcel of 
land is situate ; and if said court shall accept said report, 
and said United States shall pay to the clerk of said court 
the sums awarded by said commissioners and the costs of 
said commissioners of said court, then, in that event, said 
United States shall be deemed to be and shall be possessed 
of said land and of the title thereto in as full and ample a 
manner as if the same had been duly conveyed to said 
United States by the proper owner or owners thereof. 

Sec. 4. All the land and privileges over which jurisdiction 
is hereby ceded, and the buildings and property which may 
be placed thereon by said United States, shall be exempt 
from taxation so long as the same shall be used for the said 
purposes hereinbefore mentioned. 

Sec. 5. Provided, That this act shall in no manner take 
away or interfere with the jurisdiction of this State for the 
purpose of serving or executing any legal process. 

Sec. 6. This act shall take effect from its passage. 

Approved November 14, 1855. 



EXTRACTS FROM THE LAWS OF THE STATE OF OHIO. 

Section 1. Be it enacted by the general assembly of the State 
of Ohio, That the consent of the legislature of the State of 
Ohio be, and the same is hereby, given to the purchase by 
the Government of the United States, or under the author- 
ity of the same, of any tract, piece, or parcel of land, from 
any individual or individuals, bodies politic or corporate, at 
or near the towns or harbors of Conneaut, Ashtabula, Ver- 
million, Huron, Maumee, Outer Eange, and Toledo, and in 
any other place within the limits of this State, for the pur- 



pose of erecting thereon light-houses, range-lights, and need- 
ful buildings for the keepers thereof, and all deeds, convey- 
ances of title papers for the same, shall be recorded as in 
other cases upon the land records of the county in which 
the lands so conveyed may lie. The consent herein and 
hereby given being in accordance with the seventeenth 
clause of the eighth section of the first article of the Con- 
stitution of the United States, and with the acts of Con- 
gress in such cases made and provided. 

Sec. 2. The lots, parcels, or tracts of land so selected, 
together with the tenements and appurtenances for the 
purposes before mentioned, shall be held exempt from taxa- 
tion by the State of Ohio. 

Sec. 3. This act shall take effect and be in force on and 
after its passage. . 
' Passed May 1, 1871. 



EXTRACTS FROM THE LAWS OF THE STATE OF ILLINOIS. 

AN ACT to cede jurisdiction over lands occupied by the United States 
for light-houses, custom-houses, and for other purposes. 

Section 1. Be it enacted by the people of tlie State of Illinois 
represented in the general assembly. That exclusive jurisdiction 
and legislation is hereby granted and ceded to the United 
States of America over land situate in the southeast corner 
of block one hundred and nineteen, in the school section 
addition to the town of Chicago, being one hundred and 
twenty feet fronting on Monroe street, and running north 
one hundred and forty feet, the same width, and fronting 
one hundred and forty feet on a forty-foot street taken off 
from the west side of block one hundred and forty-two in 
the aforesaid school section, called Dearborn street, which 
tract of land has been selected by the United States as a 
site for a building or buildings to be occupied for a post 
office, custom-house, United States court-rooms, and steam- 
boat inspectors' office, and the right of taxation or assess- 



3? 

merit of said tract is hereby relinquished to the United 
States. 

Sec. 2. Be it further enacted, That in case the United 
States shall at any time desire to make a change in the 
location of the building or buildings received in the first 
section of this act, then and in that case the like jurisdiction 
and relinquishment from taxation and assessment as is pro- 
vided tor in the first section of this act shall be granted over 
any land not exceeding in area the land described in the 
first section of this act, upon the filing of a description of 
the same, with the design of such appropriation, hj the 
United States district attorney, in the office of the recorder 
of the county of Cook. 

Sec. 3. Beit further enacted, That the provisions of an act 
entitled "An act to cede jurisdiction over lands to be occu- 
pied as sites for light-houses within this State," approved 
January 11, 1849, shall apply to such lands or lots, not ex- 
ceeding five acres in any one place, as may be selected, pur- 
chased, ox otherwise obtained, to be occupied by the United 
States within this State for light-houses, beacon-lights, and 
temporary lights at or near Port Clinton, at or near Taylor 
Port, a»d at or near Waukegan. 

Sec. 4. Be it further enacted, That so much of the street 
called Lake street, in the town of Port Clinton, as interferes 
with the erection of the light-house at that point on the 
ground already selected, is hereby .vacated. 

Sec. 5. Be it further enacted, That in case of failure of the 
United States to agree with the owner or owners of any 
such lands as the United States may deem necessary for 
light-houses within this State, it shall be lawful for the 
United States to apply for the condemnation of such land, 
not exceeding five acres in any one place, by petition to any 
judge of a court of record of this State, in or nearest to the 
county where the land may be situated, either in term time 
or vacation ; notice of the time and place of such applica- 
tion having been first duly given by publication for thirty 
days prior to the day of such application in some newspaper 



32 

published in the county where the land lies, or by personal 
service upon the owner or owners of such land, at least 
twenty days prior to such application ; and thereupon it 
shall be lawful for such judge to appoint three disinterested 
freeholders of the county where such land lies as commis- 
sioners, and having been first duly sworn to well and truly 
appraise the damages due the owner or owners of said land 
so proposed ^o be taken, shall report in writing such dam- 
ages to the said judge, the amount of damages to be paid to 
the owner or owners of said land, which report, upon con- 
firmation by said judge, shall be held final, and binding 
upon such owner or owners 5 and upon the amount of such 
damages being paid to the owner or owners of said land, the 
title of the said land shall vest in the United States, and 
exclusive jurisdiction and right of assessment and taxation 
is hereby ceded to the United States over any lands acquired 
by this method of condemnation, or by acquirement of the 
owner or owners thereof, and the right of taxation and 
assessment is hereby relinquished over any and all lands 
acquired in the manner prescribed in this section, and over the 
buildings or property of the United States situated thereon. 

Sec. 6. Be it further enacted. That this act shall* not be 
construed in such manner as to debar or hinder the process 
of any court or judge of this State from running within the 
boundaries of the lands so acquired by the United States, or 
to continue the authority of the United States over any part 
of such land for any longer time than the said lands shall 
be used for the purposes aforesaid. 

Approved February 13, 1855. 



EXTRACTS FROM THE LAWS OF THE STATE OF MICHIGAN. 

AN ACT to authorize the governor of the State of Michigan to seize and 
procure the condemnation of lands to he used by the United States for 
light-house purposes. 

Section 1. The people of the State of Michigan enact, That 
the governor of the State of Michigan is hereby authorized 



33 

and empowered to seize and take possession of any land, 
"not exceeding one hundred and sixty acres, within the said 
State, for the purpose of conveying the same to the United 
States, for the erection and maintenance of light-houses 
thereon. 

Sec. 2. The governor shall appoint three commissioners, 
whose duty it shall be to enter upon and take possession of 
any land not exceeding one hundred and sixty acres in said 
State, in the name of said State, for the purpose of convey- 
ing the said land to the United States, for the erection and 
maintenance of light-houses thereon, and to cause the same 
to be surveyed, and a plat thereof to be made and filed in 
the office of the secretary of state. 

Sec. 3. It shall be the duty of said commissioners to 
appraise the value of said land, and for that purpose they 
shall give notice to the claimants or owners of said land, or 
of any interest therein, of the time and place when and where 
said claimants or owners may appear before said commis- 
sioners to have their claims and interest adjusted, and the 
compensation to be paid by the State for such land fixed 
and determined. 

Sec. 4. The notice required to be given to said claimants 
or owners shall be given personally to such claimants as 
can be found within the State, at least twenty days before 
the meeting of said commissioners, informing them of the 
time and place of meeting of said commissioners and the 
object thereof: and in case any of the said claimants or 
owners cannot be found, after using due diligence for that 
purpose, the commissioners shall cause such, notice to be 
published for four successive weeks in one paper published 
at Detroit, and one paper published within the county where 
such lands, seized as aforesaid, are situate, should one be 
published therein. 

Sec. 5. The said commissioners or a majority of them 

shall have full power to do all acts necessary to be done for 

the purpose of carrying out the objects of this act, to hear, 

examine, and determine of and concerning the rights, 

3A 



34 

interest and title, of all and'any of the claimants of said 
land, and also to assess the value thereof, and fix the com- 
pensation to be paid the State therefor, as fully and effect- 
ually as if all the power necessary for the purposes aforesaid 
were herein specifically enumerated in this act, and the 
decision of such commissioners shall be final and conclusive 
in the premises, unless an appeal from the decision of such 
commissioners shall be taken within twenty days after the 
filing thereof, in the office of the clerk of the circuit court of 
the county within which the said land lies, as hereinafter 
provided. 

Sec. 6. It shall be the duty of the commissioners appointed 
under the provisions of this act, within twenty days after 
their decision is made, to file the same in the office of the 
clerk of the circuit court within whose district the said land 
lies. 

Sec. 7. The owners or claimants of said land, or of any 
interest therein, shall be entitled to appeal from the decision 
of such commissioners to the circuit court of the county in 
which the land lies, within twenty days from, the filing of 
the same as aforesaid, and such appeal shall be heard and 
determined in like manner as appeals from justices of the 
peace, in civil actions: Provided, That the appellant or 
appellants shall make and file in said county, at the time 
of such appeal, on oath or affirmation that injustice has been 
done them by such decision; and provided they execute and 
file, with the clerk of the circuit court aforesaid, an under- 
taking with sufficient sureties, to be approved by the county 
clerk, for the payment of all costs and disbursements 
incurred by the State arising from such appeal, which under- 
taking shall be in the name of the State of Michigan. 

Sec. 8. If upon the trial of such appeal the appellant or 
appellants shall fail to recover a judgment for a sum greater 
than the amount awarded to them by the decision of the 
commissioners aforesaid, not including interest, the said 
appellant or appellants shall pay all costs and disburse- 
ments arising on such appeal, and which shall be deducted 



35 

from the sum awarded by the decision of the commissioners; 
and in case such sum is not less than the amount awarded 
by said commissioners, then the appellant or appellants 
shall recover costs, as in like cases in the circuit court. 

Sec. 9. The sum awarded by the decision of said commis- 
sioners, finally awarded and adjudged by an appeal to be 
paid by this State to the owners and claimants of the land 
aforesaid, shall be paid from the treasury of this State to 
such owners or claimants in proportion to their rights and 
interests in such land, subject, however, in case of appeal, to 
the provisions of section seven of this act. 

Sec. 10. Upon the filing of the decision of the commis- 
sioners in the office of the clerk of the circuit court afore- 
said, and the filing of the certificate of the said clerk, with 
the seal of the court thereto, in the office of the secretary of 
state, stating the amount awarded by such commissioners, 
and describing the lands seized, the title to such land shall 
immediately thereupon become vested absolutely in this 
State free and clear of all incumbrances and adverse titles 
or claims of any kind or nature whatsoever. 

Sec. 11. The commissioners appointed under the pro- 
visions of this act shall each receive three dollars per day 
for each day actually engaged in the service required of 
them ; and witnesses required to attend before them shall 
receive the same per diem and mileage as now allowed by 
law for witnesses attending the circuit court of this State. 

Sec. 12. The governor of Michigan is hereby authorized 
and empowered to convey to the United States any lands 
that may have been seized under the provisions of this act, 
upon the payment by the United States to the State of 
Michigan the amount awarded and the expenses incurred 
by the State in seizing the land. 

Sec. 13. This act shall take immediate effect. 

Approved March 27, 18G7. 



36 

AN ACT to authorize the governor of the State of Michigan to seize and 
procure the condemnation of lands to he used hy the United States 
for light-house purposes. (Amending the act of same title, approved 
March 27 ; 1867.) 

Section 1. The people of the State of Michigan enact, That 
the governor of the State of Michigan is hereby authorized 
and empowered to seize and take possession of any land for 
the purpose of conveying the same to the United States for 
the erection and maintenance of light-houses thereon, not 
exceeding one hundred and sixty acres for any one light- 
house, whenever the General Government shall signify its 
intention to erect and maintain such light-house, or houses, 
by an application to the governor, accompanied by a plat 
and description of each site required, as near as the same 
can be platted and described without actual survey by the 
General Government. 

Sec. 2. Whenever any such application shall be made to 
the governor, he shall appoint three commissioners, wTiose 
duty it shall be, in the name of the State of Michigan, to 
enter upon and take possession of any land so platted and 
described, not exceeding one hundred and sixty acres for any 
one light-house to be erected and maintained within said 
State, for the purpose of conveying such land to the United 
States, for the erection and maintenance of light-houses 
thereon, and to cause the same to be surveyed, and a plat 
thereof to be made and filed in the office of the secretary of 
state, whenever an actual survey has not been made by the 
General Government. 

Sec. 3. It shall be the duty of said commissioners to ap- 
praise the value of said land, and for that purpose they shall 
give notice to the claimants or owners of said land, or of any 
interest therein, of the time and place when and where said 
claimants or owners may appear before said commissioners 
to have their claims and interest adjusted, and the compen- 
sation to be paid by the State for such land fixed and deter- 
mined. 

Sec. 4. The notice required to be given to said claimants 



or owners shall be given personally, to sach claimants as 
can be found within this State, at least twenty days before 
the meeting of said commissioners, informing them of the 
time and place of meeting of said commissioners, and the 
object thereof. And in case any of the said claimants or 
owners cannot be found, after using due diligence for that 
purpose, the commissioners shall cause such notice to be 
published for four successive weeks in one paper published 
at Detroit, and one paper published within the county where 
such land sseized as aforesaid are situate, should one be 
published therein. 

Sec. 5. The said commissioners, or a majority of them, 
shall have full power to do all acts necessary to be done for 
the purpose of carrying out the objects of this act; to hear, 
examine, and determine of and concerning the rights, inter- 
est, and title, of all and any of the claimants of said land, 
and also to assess the value thereof, and fix the compensa- 
tion to be paid by the State therefor, as fully and effectually 
as if all the powers necessary for tlie purposes aforesaid were 
herein specifically enumerated in this act; and the decision 
of such, commissioners shall be final and conclusive in tlie 
premises, unless an appeal from the decision of such, com- 
missioners shall be taken within twenty days after the filing 
thereof in the office of the clerk of the circuit court of the 
county within which the said land lies, as hereinafter pro- 
vided. 

Sec. G. It shall be the duty of the commssioners appointed 
under the provision of this act, within twenty days after 
their decision is made, to file the same in the office of the 
clerk of the circuit court within whose district the said land 
lies. 

Sec. 7. The owners or claimants of said land, or of any 
interest therein, shall be entitled to appeal from the decision 
of such commissioners to the circuit court of the county in 
Avhich the land lies, within twenty days from the filing of 
the same as aforesaid, and such appeal shall be heard and 
determined in like manner as appeals from justices of the 



38 

peace in civil actions : Provided, That the appellant or 
appellants shall make and file in said court, at the time of 
such appeal, an oath or affirmation that injustice has "been 
done them "by such decision: And provided, They execute 
and file with the clerk of the circuit court aforesaid, an 
undertaking, with sufficient sureties, to be approved by the 
county clerk, for the payment of all costs and disburse- 
ments incurred by the State arising from such appeal, which 
undertaking shall be in the name of the State of Michigan. 

Sec. 8. If, upon" the trial of such appeal, the appellant or 
appellants shall fail to recover a judgment for a sum greater 
than the amount awarded to them by the decision of the 
commissioners aforesaid, not including interest, the said 
appellant or appellants shall pay all costs and disburse- 
ments arising on such appeal, and Avhich shall be deducted 
from the sum awarded by the decision of the commissioners ; 
and in case such sum is not less than the amount awarded by 
said commissioners, then the appellant or appellants shall 
recover costs as in like cases in the circuit court. 

Sec. 9. The sum awarded by the decision of said commis- 
sioners, finally awarded and adjudged by an appeal, to be 
paid by this State to the owners and claimants of the land 
aforesaid, shall be paid from the treasury of this State to 
such owners or claimants in proportion to their rights and 
interest in such land, subject, however, in case of appeal, 
to the provisions of section seven of this act. 

Sec. 10. Upon the filing of the decision of the commis- 
sioners in the office of the clerk of the circuit court aforesaid, 
and the filing of the certificate of the said clerk, with the 
seal of the court thereto, in the office of the secretary of 
state, stating the amount awarded by such commissioners, 
and describing the lands seized, the title to such land shall 
immediately thereupon become vested absolutely in this 
State free and clear of all incumbrances and adverse titles 
or claims of any kind or nature whatsoever. 

Sec. 11. The commissioners appointed under the pro- 
visions of this act shall each receive three dollars per day 



39 

for each day actually engaged in the service required of 
them, and their actual expense of travel and subsistence 
while so engaged ; and witnesses required to attend before 
them shall receive the same per diem and mileage as now 
allowed by law for witnesses attending the circuit court of 
the State. 

Sec. 12. The governor of Michigan is hereby authorized 
and empowered to convey to the United States any lands 
that may have been seized under the provisions of this act, 
upon the payment of the United States to the State of 
Michigan, the amount awarded and all the expenses incurred 
by the State in seizing the land. 

Sec. 13. The jurisdiction of this State is hereby ceded to 
the United States of America over all such pieces or parcels 
of land as shall be hereafter selected or acquired by the 
United States for the purpose of erecting light-house build- 
ings thereon : Provided, That an accurate description and 
plat of such parcels of land to be so selected, with a 
statemeut of such selection by the United States, shall be 
filed by the United States with the governor of this State : 
And provided further, That this cession is upon the express 
condition that the State of Michigan shall so far retain a 
concurrent jurisdiction with the United States in and over 
the tracts of land aforesaid, that all civil and criminal pro- 
cess issued under the authority of this State, or any officer 
thereof, may be executed on said lands and in the buildings 
that may be erected thereon, in the same way and manner 
as if jurisdiction had not been ceded as aforesaid. 

Sec. 14. The lands aforesaid, when so ceded, shall forever- 
be exempt from all taxes and assessments so long as the 
same shall remain the property of the United States. 

Approved February 24, 1860. 



4Q 



EXTRACTS FROM THE LAWS OF THE STATE OF WISCONSIN. 
Chapter 49. 

AN ACT to cede jurisdiction to the United States of ximerica over lands 
to be occupied as sites of light-house buildings in this State. 

The people of the State of Wisconsin, represented in senate 
and assembly, do enact as follows : 

Section 1. The jurisdiction of this State is hereby ceded 
to the United States of America over all such pieces or 
parcels of land, not exceeding eighty acres in any one par- 
cel, as shall be hereafter required and selected by the United 
States for the purpose of erecting light-house buildings 
thereon : Provided, That an accurate • description and plats 
of such parcels of lands to be so selected, with a statement 
of such selection by the United States, shall be filed by the 
United States with the governor of this State : And provided 
further, That this cession is upon the express condition that 
the State of Wisconsin shall so far retain a concurrent juris- 
diction with the United States, in and over the tracts of 
land aforesaid, that all civil and criminal process issued 
under the authority of this State, or any officer thereof, may 
be executed on said land, and in the buildings that may be 
erected thereon, in the same way and manner as if jurisdic- 
tion had not been ceded as aforesaid. 

Sec. 2. The lands aforesaid, when so ceded, shall forever 
be exempt from all taxes and assessments so long as the 
same shall remain the property of the United States. 

Sec. 3. This act shall take effect, and be in force, from 
and after its passage and publication. 

Approved March 21, 1867. 



4< 



EXTRACTS FROM THE LAWS OF THE STATE OF MINNESOTA. 

AX ACT giving the consent of the State of Minnesota to the purchase, 
by the United States, of land within this State for public purposes. 

Be it enacted by the legislature of the State of Minnesota : 

Section 1. That the consent of the State of Minnesota be, 
and the same is hereby, given to the purchase, by the Gov- 
ernment of the United States, or under the authority of the 
same, of any tract, piece, or parcel of land from any indi- 
vidual, individuals, or bodies-politic, or corporation, within 
the boundaries or limits of the State, for the purpose of 
erecting thereon light-houses, signal-stations, and other 
needful public buildings whatever, pertaining to the Light- 
House Board • and all deeds, conveyances of like papers for 
the same, shall be recorded, as in other cases, upon the land 
records of the county in which the land so conveyed may 
lie, and in like manner maybe recorded a sufficient descrip- 
tion, by metes and bounds, courses and distances, of any 
tract or tracts, legal division of any public lands belonging 
to the United States, which may be set apart by the Gen- 
eral Government for any or either of the purposes before 
mentioned, by an order, patent, or other official document or 
papers so describing such land, the consent herein and 
hereby given being in accordance with the seventeenth 
clause of the eighth section of the first article of the Con- 
stitution of the United States, and with the acts of Con- 
gress in such cases made and provided. 

Sec. 2. The lots, parcels, or tracts of lands so selected, 
together with the tenements and appurtenances for the pur- 
poses before mentioned, shall be held exempt from taxation 
by the^ State of Minnesota. 

Sec. 3. This act shall take effect and be in force from and 
after its passage. 

Approved March 0, 1871. 



42 



EXTRACTS FR03I THE LAWS OF THE STATE OF CALIFORNIA. 

AN ACT giving the consent of the legislature of the State of California 
to the purchase, by the United States, of land within this State for 
public purposes. 

Section 1. That the consent of the legislature of Cali- 
fornia be, and the same is hereby, given to the purchase, by 
the Government of the United States, or under the author- 
ity of the same, of any tract, piece, or parcel of land from 
any individual or individuals, bodies-politic or corporate, 
within the boundaries or limits of this State, for the pur- 
pose of erecting therein armories, arsenal, forts, fortifica- 
tions, navy-yards or dock-yards, magazines, custom-houses, 
light-houses, and other needful public buildings or establish- 
ments whatsoever ; and all deeds, conveyances of title papers 
for the same, shall be recorded, as in other cases, under the 
land records of the county in which the lands so conveyed 
may lie, and in like manner be recorded a sufficient descrip- 
tion, by metes and bounds, courses and distances, of any 
tract or tracts, legal divisions or sub-divisions, of any pub- 
lic land belonging to the United States, which, may be set 
apart by the General Government for any or either of the 
purposes before mentioned, by an order, patent, or other 
official document or paper so describing such land. The 
consent herein and hereby given being in accordance with 
the seventeenth clause of the eighth section of the first 
article of the Constitution of the United States, and with 
the acts of Congress in such cases made and provided. 



AN ACT to provide for the relinquishment to the United States', in cer- 
tain cases, of title to lands for sites of light-houses, and for other 
purposes, on the coasts and waters of this State. 

The people of the State of California, represented in senate 
and assembly, do enact as follows: 

Section 1. That whenever it shall be made to appear to 



any one of the district courts of tliis State, upon the applica- 
tion of any authorized agent of the United States, that the 
said United States are desirous of purchasing any tract of 
land, and the right of way thereto, within the limits of the 
State, for the erection of a light-house, beacon-light, range- 
light, fortifications, navy-yard, or other military or naval 
purposes, and that the owner or owners of said land are 
unknown, non-resident, or minors, or from any other cause 
are incapable of making a perfect title to said lands, or in 
case the said owners, being residents and capable of con- 
veying, shall, from disagreement in price, or any other cause 
whatever, refuse to convey said lands to the United States, 
it shall be the duty of the judge of the district court in 
which the lands so designated to be purchased are situated 
to order notice of the said application to be published in 
some newspaper nearest to where said lands lie, also in one 
newspaper published in the city of San Francisco, once in 
each week for the space of four months, which notice shall 
contain an accurate description of the said lands, together 
with the names of the owners, or supposed owners, and 
shall require all persons interested in the said lands to come 
forward on a day to be specified in said notice, and file their 
objections, if any they should have, to the proposed pur- 
chase -, and at the time specified in said notice it shall be the 
duty of the said district court to impanel a jury in the manner 
now provided by law, to assess the value of said lands, and 
all damages sustained by the owner of the lands so appro- 
priated by reason of such appropriation, which amount, 
when so assessed, together with the entire costs of said 
proceedings, shall be paid into the county treasury of the 
county in which said proceedings are had ; and thereupon 
the sheriff of the said county, upon the production of the 
certificate of the treasurer of said county that the said 
amount has been paid, shall execute to the United States, 
and deliver to their authorized agent, a deed of the said 
lands, reciting the proceedings in said cause, which said 
deed shall convey to the said United States a good and 



44 

absolute title to the said lands against all persons whatso- 
ever. 

Sec. 2. That the money so paid into the county treasury 
shall there remain until ordered to he paid out by a court 
of competent jurisdiction. 

Sec. 3. It shall be the duty of the judge directing money 
to be paid to a county treasurer in accordance with the pro- 
visions of this act to require of such treasurer a bond in 
double the amount of money ordered to be paid by him, 
with two or more sufficient sureties to be approved by said 
judge ; said bond shall be payable to the people of the State 
of California, for the use and benefit of such persons, sever- 
ally, as are entitled to said money; said bonds shall be exe- 
cuted, approved, and filed with the clerk of said court before 
receiving said money. 

Sec. 4. In addition to the publication required by this act, 
if there be a newspaper printed in the Spanish language in 
the judicial district where such land is situated, said notice 
shall also be published in such newspaper for the length of 
time herein provided. In all cases of publication of notice 
under this act the court shall require the same proof as in 
cases of publication of notice under the civil-practice act of 
this State. 

Sec. 5. That "An act authorizing the United States to 
purchase land, for public purposes,'' approved ATarch 10, 
1857, be, and the, same is hereby, repealed. 

Approved February 14, 1839. 



AX ACT giving the consent of the legislature of the State of California 
to the purchase, by the United States, of land Tvithin the State for 
public irarposes. 

The people of tlie State of California, represented in senate 
and assembly, do enact as follows : 

Sectiox 1. That the consent of the legislature of Cali- 
fornia be, and the same is hereby, given to the purchase by 
the Government of the United States, or under the authority 



45 

of the same, of any tract, piece, or parcel of laud, from any 
individual or individuals, bodies-politic or corporate, within 
the boundaries or limits of this State, for the purpose of 
erecting thereon armories, arsenals, forts, fortifications, 
navy-yards or dock-yards, magazines, custom-houses, light- 
houses, and other needful public buildings or establishments 
whatsoever ; and all deeds, conveyances, or title-papers for 
the same shall be recorded, as in other cases, upon the land 
records of the county in which the land so conveyed may 
lie ; and in like manner may be recorded a sufficient descrip- 
tion, by metes and bounds, courses and distances, of any 
tract or tracts, legal divisions or subdivisions, of any public 
laud belonging to the United States which maybe set apart 
by the General Government for any or either of the purposes 
before mentioned, by an order, patent, or other official doc- 
ument or paper so describing such land. The consent here- 
in and hereby given being in accordance with the seventeenth 
clause of the eighth section of the first article of the Consti- 
tution of the United States, and with the acts of Congress 
in such cases made and provided. 

Sec. 2. The lots, parcels, or tracts of land so selected, to- 
gether with the tenements and appurtenances, for the pur- 
poses before mentioned, shall be held exempt from taxation 
by the State of California. 

Approved April 27, 1852. 



EXTRACTS FROM THE LAWS OF THE STATE OF OREGOX. 

AX ACT to provide for the relinquishment to the United States in cer- 
tain cases to title in lands for ' sites of light-houses, and for other 
purposes, on the coasts and waters of this State. 

Be it enactedby the legislative assembly of the State of Oregon: 
Section 1. That whenever it shall be made to appear to 
any one of the circuit courts of this State, upon the appli- 
cation of any authorized agent of the United States, that 
the said United States are desirous of purchasing any tract 
of land, and the right of way thereto, within the limits of 



-: 

this State, foi the erection of a lighthouse, beacon light, 

fortification, navy-yard, or for the erection of forts, :_:_;-.- 

sines, arsenals, 1 ik-yards, and other needful buildings, n : 

fling twenty acres in one fa ~. d I that the owl 

owners of said land are unknown, non-residents, or minors, 
or rroni any other cause are incapable of making a pe 
title to said lands : or in case the - . 1 owners, being residents 
and capable of conveying, shall, from diss _: 2 ment in price, 
or any other cause wh :. refuse to convey said lands 

to the United States, it shall be the duty of the judge of the 
circuit court in which said Ian' 7 . - : I j i fa - ed are situ 

i lei notice of said application to be published in s no 
newspaper nearest to where said lauds lie : also in one news- 

j published ia the jit ::land. on h week, 

four months : which notice shall contain an 
accurate - ription of said Ian Is, tog sther with the names 
of the owners or supposed own i s, od shall require all per- 
sons interested in the said Ian ■"-. to come forward, on a day 

5 spe afie 1 in s idn fa . n I file theii icti his, if any 
they should have, to the proposed purchase; and a: 
time ; notice it shall be the dn~ 

circuit court to impanel a jury, in the manner now provided 
by law, to assess the value of \ id land according t 
mark- - value at the time the a - made. disre r i - 

ing any fictitious value the land may p assess on ■; ant of 

sing re [nil 3d foi public purposes, and all damages sns- 

I by the owner of lands so appropriated by reas d 
: nch appropriation, which amount, when s . ssessed, to- 
gether with the entiic costs of said pre feedings, shall be 
paid into the county treasury of the county in which - 
pre aedings are had: andthereu] >n the sheriff of the said 
county, upon the production of the artifi : ate : i the treas- 
urer of said county that the said amount has been paid. 
shall execute to the United States, and deliver to their 
authorized agent. : ieed : the said land, reciting the pro- 
lings in said cause, which said deed shall convey to the 
- id United States a good and absolute title t< the said! ads 



47 

against all persons whatsoever: Provided always, That the 
assent aforesaid is granted upon this express condition: 
That this State shall retain a concurrent jurisdiction with 
the United States in and over any such tract of land so ac- 
quired as aforesaid, so far as that all civil and criminal pro- 
cess as may issue under authority of this State, against any 
person or persons charged with crimes committed, or for any 
cause of action or suit accruing without the bounds of any 
such tract so acquired, may be executed therein in the same 
manner as though, this assent had not been granted. 

Sec. 2. That the money so paid into the county treasury 
shall there remain until ordered to be paid out by a court 
of competent jurisdiction. 

Sec. 3. It shall be the duty of the judge directing money 
to be paid to a county treasurer in accordance with the 
provisions of this act, to require of such treasurer a bond 
in double the amount of money ordered to be paid to him, 
with two or more sufficient sureties, to be approved by said 
judge , said bonds shall be payable to the people of the 
State of Oregon for the use and benefit of such persons, 
severally, as are entitled to said money ; said bonds shall 
be executed, approved, and filed with the clerk of said court 
before receiving said money. 

Sec. 4. To enable the United States to commence any 
building, or other proceedings provided for in this act, the 
same shall take effect and be in force from and after its 
approval by the governor. 

Approved October 29, 1870. 



AX ACT giving the consent of the legislature of the State of Oregon to 
the purchase, by the United States, of land within this State for the 
erection of forts, magazines, arsenals, dock-yards, and other needful 
buildings. 

Be it enacted by the legislative assembly of 'the State of Oregon : 

Section 1. That the consent of the legislature of Oregon 

be, and the same is hereby, given to the purchase, by the 

Government of the United States, or under the authority 



4 8 

of the same, of any tract, piece, or parcel of land, from any 
individual or individuals, bodies politic or corporate, within 
the boundaries or limits of the State, for the erection of 
forts, magazines, arsenals, dock-yards, light-houses, aud 
other needful buildings ; and all deeds, conveyance of title- 
papers for the same, shall be recorded, as in other cases, 
upon the land records of the county in which the land so 
conveyed may lie; and in like manner maybe recorded a 
sufficient description, by metes and bounds, courses and dis- 
tances, of any tract or tracts, legal divisions or subdivisions 
of any public land belonging to the United States, which 
may be set apart by the General Government for any or 
either of the purposes before mentioned, by an order patent, 
or other official document or papers so describing such land ; 
the consent herein and hereby given being in accordance 
with the sixteenth clause of the eighth section of the first 
article of the Constitution of the United States, and with 
the acts of Congress in such cases made and provided : 
Provided always, That this section shall not allow the 
acquisition by the United States, for the purposes afore- 
said, of a tract of land exceeding twenty acres in any one 
tract, and that the same shall be described by metes and 
bounds, and recorded in the county where such land is 
situated: And provided further, That the assent aforesaid 
is granted upon this express condition, that this State shall 
retain a concurrent jurisdiction with the United States in 
and over all tracts so acquired as aforesaid, so far as that 
all civil and criminal process as may issue under authority 
of this State against any person or persons charged with 
crimes committed, or for any cause of action or suit accruing 
without the bounds of any such tract, may be executed 
therein in the same manner and with like effect as though 
this assent had not been granted. 

Sec. 2. To enable the United States to commence any 
buildings or improvements contemplated by this act, the 
same shall take effect and be in force from and after its 
approval by the governor. 

Approved October 29, 1870. 

O 






49 



COXCESSIOXS TO THE GEXERAL GOVERXMEXT BY THE 
STATE OF FLORIDA. 

Whereas a communication lias been received from the 
executive department of the United States since the ap- 
proval of the above-recited act, (an act authorizing the pur- 
chase of land at Key West for fort, &c.,) requesting of this 
present general assembly the passage of a law enlarging the 
provisions of said act so far as to facilitate the purchase 
contemplated thereby, and extending said provisions, thus 
enlarged, to all cases in which the United States shall 
deem it expedient, and shall seek to purchase and obtain 
jurisdiction over sites for forts, magazines, &c, within the 
limits of this State, as authorized and provided in the Con- 
stitution of the United States 5 and whereas this general! 
assembly approve the purport and objects of said request 
as set forth in said communication : 

Therefore, it is enacted That the United States be,, and! 
they are hereby, authorized to purchase, acquire, hold,, own,,,, 
occupy, and possess such land or lands within the limits of 
this State as they shall judge it expedient, and shall seek to 
occupy and hold as sites on which to erect and maintain 
forts, magazines, arsenals, dock-yards, and other needful 
buildings, or any of them, as contemplated and provided in 
the Constitution of the United States ; said purchases to be 
effected either by contract with the owner or owners of said 
land or lands, or in the manner hereinafter provided. 

If the executive officer or other authorized agent employed 
by the United States to make said purchase or purchases, 
and the owner or owners of the land or lands mentioned in 
said above-recited act, or of any other land or lands con- 
templated to be purchased as aforesaid, cannot contract or 
agree for the sale and purchase thereof, it shall be lawful for 
such officer or other agent to apply to the judge of the circuit 
court of the county in which said land or lands, or the greater 
portion thereof, may be situated, respectively, to estimate the-; 
4 



5o 

value of such land or lands in manner hereinafter mentioned, 
and to order a conveyance of the same to the United States 
for the purposes aforesaid. 

Whereupon it shall be the duty of said judge, and he is 
hereby authorized and empowered, after reasonable notice 
given to said owner or owners, their legal representatives or 
guardians, to hear or finally determine the value of the land 
or lands in question by a competent jury, under oath, to be 
summoned by the sheriff or other proper officer of said court 
for that purpose, or by a committee of three persons, such 
as shall be agreed upon and appointed by the parties afore- 
said; such committee, if agreed on and appointed as afore- 
said, to be also duly sworn faith fully and impartially to value 
the land or lands last aforesaid, and the value thereof being 
thus ascertained to the satisfaction of said judge, after sur- 
vey thereof duly made under the direction of himself, or by 
consent of said parties, and after such other proceedings in 
the premises as he shall deem right and proper, he shall 
order and decree the same to be conveyed in due form to the 
United States, to be held, owned, and possessed by them for 
the purpose aforesaid and none other : Provided, That the 
amount of such valuation, with the reasonable costs of such 
owner or owners attending said proceedings, shall be paid 
to him, her, or them, or into said court for his, her, or their 
use, before execution or record of said conveyance : And pro- 
vided, moreover, That if it shall appear to said judge, 
upon objection made by said owner or owners, their repre- 
sentatives or guardians, that the quantity of any given tract, 
parcel, or extent of land sought to be purchased, as afore- 
said, is greater than is reasonable, he may, in his discretion, 
refer the matter of such objection to the governor of this 
State for his determination. 

Whenever the United States shall contract for purchase, 
or acquire any land or lands within the limits of this State, 
for the purposes aforesaid, in either of the modes above 
mentioned and provided, and shall desire to acquire con- 



5* 

stitutional jurisdiction over such land or lauds for said pur- 
pose, it shall and may be lawful for the governor of this 
State, upon application made to him in writing on behalf of 
the United States for that purpose, accompanied by the 
proper evidence of said purchase, contract, or acquisition, of 
record, describing the land or lands sought to be ceded by 
convenient metes and bounds, and the said governor shall be, 
and he is hereby, authorized and empowered thereupon, in 
the name and on behalf of this State, to cede to the United 
States exclusive jurisdiction over the land or lands so pur- 
chased or acquired and sought to be ceded. 

The United States to hold, use, occupy, own, possess, and 
exercise said jurisdiction over the same for the purpose afore- 
said, and none other whatsoever: Provided always, That 
the consent aforesaid is hereby given, and the cession afore 
said Is to be granted and made as aforesaid upon the express 
condition that this State shall retain a concurrent jurisdic- 
tion with the United States in and over the land or lands 
to be ceded, and every portion thereof, so far that all pro- 
cess, civil or criminal, issuing under authority of this State, 
or of any of the courts or judicial officers thereof, maybe 
executed by the proper officers thereof upon any person or 
persons amenable to the same within the limits and extent 
of the land or lands so ceded, in like manner and to like 
effect as if this act had never been passed ; saving, however, 
to the United States security to their property within said 
limits and extent, and exemption of the same, and of said 
land or lands, from any taxation under the authority of this 
State while the same shall continue to be owned, held, used, 
and occupied by the United States for the purposes above 
expressed and intended, and not otherwise, (Acts of 1845, 
ch. 25, §§ 1, 2, and 3.) . 



52 

Office of Engineer, 
Sixth Light-House District, 
Charleston, 8. C., August 23, 1870. 
A true copy of copy furnished by United States district- 
attorney, northern district of Florida. 

WM. J. TWOTING, 

Captain Engineers. 









LIBRARY OF CONGRESS 

021 062 145 3 



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